By Brian Figeroux, Esq.

The length of time it takes to finalize a divorce in New York State (NYS) depends on several factors, including whether the divorce is contested or uncontested, the complexity of property division, and whether there are disputes over child custody or support. While some divorces can be completed in a few months, others may take over a year.

This article provides an in-depth analysis of the timeline for divorces in New York, factors that influence the process, and ways to speed up the proceedings.

1. How Long Does an Uncontested Divorce Take?

An uncontested divorce occurs when both spouses agree on all issues, including:

• Division of property and debts
• Child custody and support
• Spousal maintenance (alimony)

Since there are no disputes, the process is much faster than a contested divorce.

Timeline for an Uncontested Divorce in NYS

1. Filing the Divorce Papers (1–2 weeks)
   • The plaintiff (spouse filing for divorce) submits the Summons with Notice or Summons and Verified Complaint in the Supreme Court of the county where either spouse lives.
   • The court assigns an index number to track the case.
2. Serving the Divorce Papers (up to 120 days)
   • The plaintiff must serve the papers to the defendant (other spouse) within 120 days of filing.
   • If the defendant signs an Affidavit of Defendant, the process moves forward quickly.
3. Filing Final Divorce Documents (1–2 months)
   • If both parties agree, the plaintiff submits a Judgment of Divorce and other paperwork.
4. Judge’s Review and Approval (3–6 months)
   • The judge reviews the case and signs the divorce decree.

Total Time: 3 to 6 months

• If court processing times are delayed, it can take up to a year.
• Using an attorney or online divorce service can speed up the paperwork process.

2. How Long Does a Contested Divorce Take?

A contested divorce occurs when spouses disagree on any major issue, such as:

• Division of assets and debts
• Child custody and visitation
• Spousal support

Since disputes require court hearings and negotiations, contested divorces take much longer than uncontested ones.

Timeline for a Contested Divorce in NYS

1. Filing and Serving Divorce Papers (1–2 months)
   • The plaintiff files for divorce and serves the defendant.
   • The defendant has 20–30 days to respond.
2. Pre-Trial Proceedings & Discovery (6–12 months)
   • Both spouses exchange financial documents and other evidence.
   • Depositions, motions, and mediation may occur.
3. Court Hearings & Settlement Negotiations (6–18 months)
   • If spouses cannot agree, the case may go to trial.
   • Many cases settle before trial, but this still adds months to the process.
4. Trial & Final Judgment (12+ months)
   • If a trial is necessary, it may take several days to weeks.
   • Once the judge issues a ruling, the divorce is finalized.

Total Time: 1 to 3 years

• The more disputes, the longer the process takes.
• High-conflict divorces with child custody battles or complex assets can take several years.

3. How to Speed Up the Divorce Process

To avoid delays, consider these strategies:

1. Choose an Uncontested Divorce

• The quickest divorces happen when both spouses cooperate and agree on all issues.

2. Use Mediation

• Mediation helps resolve conflicts outside of court, reducing legal battles.

3. Hire an Experienced Attorney

• A lawyer ensures paperwork is filed correctly and negotiations move efficiently.

4. Avoid Delays in Responding

• Both spouses should respond quickly to legal documents to prevent court delays.

Conclusion

The time it takes to finalize a divorce in New York depends on whether it is contested or uncontested.

• Uncontested divorces typically take 3 to 6 months.
• Contested divorces can take 1 to 3 years or more, depending on disputes and court schedules.

The best way to speed up the process is to reach an agreement with your spouse, use mediation, and ensure paperwork is filed correctly.